Areas of Practice

Complex Commercial Litigation & Trial

Overview

KYMP becomes the gladiators in the courtroom arena for its clients while never forgetting to win the war and not just individual battles.  We take a multidisciplinary approach, combining our knowledge in various areas of law in numerous jurisdictions to order to provide our clients best counseling – not only for your case, but your business as a whole. At KYMP, we have a reputation for using outside-the-box and innovative approaches to protect and promote the interests of clients during the litigation process.  We are more than just litigators.  We have experience and an understanding of an area of law most litigators do not:  trial.  And we do not shy away from seeing a case through to the end.  That, combined with our holistic approach to litigation, enables us to put our clients in the best possible position to win both at in the courtroom and for their businesses as a whole.

  • All facets of business and commercial disputes, including but not limited to contract, tort, shareholder, and partnership issues
  • Disputes involving trade secrets, covenants not to compete and unfair competition
  • Cases involving unfair and deceptive trade and business practices
  • All types of real estate related litigation, including partnership and brokerage fee disputes on major real estate projects
  • Workouts, litigation related to distressed assets, and restructuring of existing relationships
  • Mergers and acquisitions and post-closing disputes related to purchase-price adjustments
  • Director and officer liability issues, and claims related to Sarbanes-Oxley
  • Construction claims on public and private projects
  • Disputes involving creditor’s rights and adversary proceedings in bankruptcy court
  • Fraudulent transfers, including those arising from “overvaluing and overpaying” for business acquisitions and other piercing-the-corporate-veil issues
  • Accounting malpractice related to misstatements in financial reporting documents
  • Franchise disputes
  • Investor fraud and stockbroker liability disputes
  • Lender liability
  • Class actions, including those relating to securities fraud and consumer claims
  • Arbitration and mediation as alternative dispute resolution methods

Business & Corporate Counseling

Overview

KYMP’s multi-disciplined, outside-the-box thinkers are experienced in the art of negotiating, structuring, and closing deals. Whether in the context of an ongoing representation or as transaction-specific counsel, we offer savvy, practical, and innovative legal advice that adds value to our clients’ businesses.

  • Entity formation, governance and maintenance
  • Corporate structuring and asset protection
  • Shareholder, operating and partnership agreements
  • Acquisitions and dispositions of businesses and assets
  • Financings and capital raises
  • Venture capital and private equity
  • Fund formation
  • Contracts

Real Estate Transactions

Overview

From a complex commercial deal to a straightforward residential refinance, KYMP’s attorneys are well versed in real estate matters.  We have the depth and breadth of experience to help our clients, including foreign investors, navigate the complexities of the real estate universe. Combining our expertise in other areas of law, we are able to tackle multi-faceted issues and provide our clients with strategic advice and sophisticated representation.

  • Commercial and residential closings
  • Title examinations, opinions and title insurance
  • Condominium and planned community development
  • Commercial, retail and residential leasing
  • Real estate financing
  • Land use and zoning

Appeals

Overview

Our firm handles appeals in both the Florida and federal judicial courts, as well as in various Administrative Law Courts throughout the United States. Appeals can be the last resort to reverse and correct juridical errors. Our attorneys are fully capable of seizing that opportunity and obtaining a favorable outcome in our clients’ cases. We recognize the importance of crafting and executing a persuasive appeal or defense of one. That’s why we place the greatest emphasis on appellate excellence, and have successfully both overturned trial court decisions and preserved them in the face of an appeal for many of our clients. We use our expertise to tell our clients’ stories through evidence with a deep understanding of the law, and an appreciation of all the details involved with the case to ensure a successful outcome.

  • Evaluating appellate issues post-trial 
  • Assessing the probability for success on appeal
  • Crafting arguments that engage scrutinizing appellate judges
  • Designating the record on appeal
  • Prosecuting and defending appellate motions
  • Researching and drafting appellate briefs and presenting oral argument
  • Developing public-policy arguments that resonate with the bench

Outside General Counsel

Overview

KYMP views its clients as strategic partners, and we approach client matters as such. As outside general counsel, our primary goal is to protect you from the “what ifs” in business and address issues as they arise in real-time.  With KYMP in your corner, we can get you ahead of the curve – looking into potential issues and helping to plan for and protect against them. Our strategy of preventative maintenance will enhance opportunities for your business on the front-end and avoid disputes and liabilities on the back-end.

• Legal analysis of strategic business decisions
• Standardization and management of contracts
• Trademark, copyright and patent issues
• Protection and licensing of intellectual property
• Employment matters
• Franchise and distribution matters
• Legal seminars and trainings for employees
• Litigation management
• Marketing, sales and promotional matters
• Regulatory and compliance matters
• Risk management and analysis
• Entity formation, governance and maintenance

Regulatory Defense

Overview

KYMP has experience representing corporations, associations, and individuals in numerous aspects of regulatory defense. We represent clients’ interests in disputes with state and federal agencies and professional boards in both formal and informal proceedings—and we do so swiftly and quietly.

  • Federal Trade Commissions Investigations
  • Security and Exchange Comissions
  • Anti-trust and price-fixing
  • Bankruptcy fraud
  • Currency and money laundering
  • Forfeiture
  • Government contracts, procurement, and grants
  • Health care fraud
  • Internal investigations
  • Licensure
  • Mail and wire fraud
  • Real estate fraud
  • Research fraud

International and Cross Border Transactions

Overview

Cross border legal issues are the norm in today’s global market, and perhaps nowhere more so than in South Florida. Not only do we assist foreign clients to invest and do business here in the U.S., we also counsel our domestic clients doing business abroad. Our attorneys have extensive international business and legal experience, as well as critical understandings of country-specific legal systems, cultural differences, and business practices.  We leverage this knowledge and experience and combine it with our foreign language capabilities and longstanding relationships with local counsel around the world in order to deliver results for our clients at home and abroad.

Election Law

Overview

KYMP advises elected officials, candidates for public office and private citizens on wide range of election law issues, including:

  • Campaign finance at the federal, state and local levels
  • Ethical guidelines
  • Absentee ballot security operations
  • Monitoring of rival campaigns in order identify potential improprieties
  • Formation of political action committees (PACs) and electioneering communications organizations
  • Guidance on local ballot initiatives in order to ensure statutory compliance

Governmental Law

Overview

We participate in both the rule-making and rule-adopting process.  We advocate for our clients throughout the country by working with the various parts of government by drafting and developing rule comments, participating in the law-making process, as well as with regards to variance and waiver issues.

  • Consulting on administrative and regulatory issues affecting businesses
  • Zoning and land use representation at both the zoning board and appellate level
  • Representation of clients at public hearings before municipal, county and state governmental boards and authorities
  • Business expansion and relocation assistance by state and local government

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Labor and Employment Litigation and Counseling

Overview

KYMP litigates employment and labor disputes, including claims alleging age, race, gender, disability, religion and sexual orientation discrimination, and retaliation.  We have litigated under local, state, and federal laws, and in various venues including local EEO boards, public-sector administrative review panels, state and federal courts, as well as private mediations and arbitrations.  In addition, we also handle wage and hour claims, including overtime and minimum wage claims under the Fair Labor Standards Act, both on an individual basis and as collective actions.  We have also conducted internal FLSA audits on behalf of employers of all sizes; representing numerous companies in day-to-day employment counseling including hiring, terminating and disciplining employees and conducting internal investigations stemming from workplace complaints of every type.  Our representation includes:

  • Drafting, negotiating, resolving, and litigating non-competition and non-solicitation agreements
  • Negotiating and resolving stock option disputes
  • Fiduciary litigation, including advisor, legal and accounting malpractice
  • Litigating and arbitrating employment and independent contractor agreements
  • Negotiating  service or employment contracts when joining a new venture
  • Negotiating a severance package and otherwise assisting with a departure from a venture
  • Equal employment opportunity matters, such as age, gender and race discrimination
  • Qui tam, whistleblower, regulatory and quasi-criminal litigation
  • Handling media and entertainment appearances
  • Litigating revenge porn and similar online attacks
  • Crisis management

Cannabis Law

Overview

We stand at the forefront of the largest emerging market in over a century, having arguably more experience with the cannabis industry than nearly any other law firm in Florida. Our attorneys provide both the regulatory support and corporate guidance cannabis businesses need to grow (pun intended). We focus on state compliance and comprehensive planning to help our clients navigate the rapidly changing legal landscape that affects the cannabis marketplace. Our services include:

  • Administrative Hearings
  • Regulatory Compliance
  • State Licensing and Regulation
  • Intellectual Property Protection
  • Corporate Governance
  • Coordination with Local Advocates